- africanlegalstudies.blog

africanlegalstudies.blog

Cutting edge analysis on key issues in African politics, law and development

Human Rights

An analysis of the infringed human rights in Kenya during the recent unrest
Introduction On 11 July 2024, Kenyan President William Ruto has announced the dismissal of almost his entire cabinet and consultations to form a “broad-based government” following widespread anti-government protests. President Ruto said his decision would apply to all ministers but it excluded the Foreign Minister Musalia Mudavadi. President Ruto said the dismissals followed “a holistic…
Data Governance and Digital Trade under the AfCFTA Protocol on Digital Trade
Introduction Digitalisation is significantly impacting international trade in goods and services, changing its scale, scope and speed.[1] Digital revolution has reduced the costs and increased the pace of international trade, facilitating the co-ordination of regional and global value chains, diffusing technologies, and linking many businesses and consumers globally.[2] Digital economy has resulted in higher volume…
Behind the Protests Mask in Kenya, Extrajudicial killings, Abductions and Court Sanctioned Militarization of the Freedom to Demonstrate
On 25th June 2024, the world watched in admiration as thousands of Kenyan people led by the youths, especially Generation Z ‘Gen Z’, staged spectacular protests against the government’s Finance Bill 2024. Unlike previous protests in Kenya, which are traditionally elite-led, the ‘Gen Z’ demonstrations espoused no political, tribal or class leaning and were supported…

Environmental law

Our development is inextricably linked to the past and next generation
1. Introduction Natural resources, including minerals, belong to our common heritage, entrusted to present and future generations to support their respective needs.[1] In this respect, mineral resources have the potential to enhance the right to development,[2] a fundamental human right enshrined in the African Charter on Human and Peoples’ Rights (African Charter) and in the…
The Legal Analysis of Community Rights in Environment Decision-Making in the Federal Republic of Somalia
Introduction People often feel hopeless and powerless to protect the environment, themselves, their families and their individual rights. However, through the creative use of the law, a number of notable successes for the environment and people have been recorded in many countries.[1] Environmental decision-making in Somalia stands at the intersection of legal, social, and environmental considerations, with…
Global Crises and the Reassessment of the World’s Ethical Foundation: Lessons from African Communitarianism
Introduction Global crises have one common feature – they are not innocuous. Covid-19, climate change, and poverty all have harmful features and are not benign occurrences. Nevertheless, they may produce learning moments, such as providing an opportunity for a moral reassessment of norms, laws, and practices in human society. Covid-19 is a case in point:…

f ocus on soma lia

The East African Community: Past Experiences and Lessons for the Future
Introduction The East Africa Community (EAC) is one of the oldest regional economic blocs in the world.[1] Uganda, Kenya, and Tanzania, as members of EAC, had a customs union as early as 1927.[2] While this regional bloc collapsed in 1977, it was re-established in 2000 and grew from three to eight countries, including Uganda, Kenya,…
The Legal Analysis of Community Rights in Environment Decision-Making in the Federal Republic of Somalia
Introduction People often feel hopeless and powerless to protect the environment, themselves, their families and their individual rights. However, through the creative use of the law, a number of notable successes for the environment and people have been recorded in many countries.[1] Environmental decision-making in Somalia stands at the intersection of legal, social, and environmental considerations, with…
Territoriality of Intellectual Property Systems and Intellectual Property Protection under the EAC Common Market
Introduction Intellectual Property (IP) protection systems in the EAC embrace the principle of territoriality in the protection of all aspects of IP. The principle of territoriality of IP systems entails the protection of IP based on national laws, i.e., what is protected and the scope of protection is limited within relevant national laws. In the…